I was knocked off my Senna F4 MV Augusta last week. I rarely take it out, and as luck would have it, a delivery driver in front of me reversed and knocked me off. I have some cuts and bruises, but my bike took a battering and is a mess. This is a limited-edition machine; I think there are 300 in the world, and I don’t know how to go about getting it fixed or written off. I need some help…
Answer
You are right to lawyer up. When it comes to special metal like this, it isn’t as straightforward. Parts might not be readily available, and your machine enjoys its value through its pampering and limited-edition nature. No one wants to spend big money on a smashed-up F4 Senna, so, your bike might suffer a ‘diminution in value’ – i.e., when compared to another F4 of similar age/miles which didn’t suffer accident damage, yours is less valuable. Therefore, it is important to get a specialist valuation. This is where a good auction house can come into play, or a specialist bike dealer who sells high-end and exotic motorcycles. A regular engineer report isn’t going to cut it. You also need to pool together all the history on your bike. Original sales paperwork and evidence of factory specification… this is what adds to the specialness of your bike and ultimately its value.
I am sure we’ve all got a mate who is anal about his bike, has stacks of paperwork, and cleans it with his toothbrush. Laugh not. fellow riders – these nerds (I think I am one) only help the value of bikes generally and are a godsend to the collectors among us. In a courtroom, you need something called a CPR Part 35 complaint report, CPR standing for Civil Procedure Rules. It is simply a declaration by the expert that he understands his legal obligation and that he is reporting to the court, not necessarily either claimant or defendant. There is a peculiar aspect to English law. You need to have suffered an injury for at least three to four weeks, and claim for this injury, if you want to instruct a solicitor. This is because an injury lasting three to four weeks or more means it is worth £1000. This would then qualify for your claim being a ‘Fast’ or ‘Multitrack’ claim, in turn meaning legal costs are recoverable. If you didn’t suffer injury, or are fully healed in less than three weeks, then you still have a claim; it is just called a ‘Small Claim’ and legal costs aren’t recoverable. This is hardly fair as the law remains the same whether a small Claim or Fast/Multitrack.
A judge would still expect to see the same evidence, which is more difficult if you don’t know the Civil Procedure Rules or how to present/evidence your smashedup bike a courtroom. It is doubly unfair as the insurer on the other side will instruct their own solicitors to defend the claim. So, lawyer up and make sure you don’t get stitched up. It is bad enough your Senna F4 is broken – make sure you get fully paid out on it.
Gavin Grewal
Fast Bikes – January 2025
